STATE OF FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES To: Watermelon Pre-School, LLC PASCO COUNTY d/b/a Kids R Kids Florida 114 Certified Mail Return 30100 Overpass Rd. Receipt No. Wesley Chapel, Florida 33545 7015 0640 0002 0978 3127 ADMINISTRATIVE COMPLAINT YOU ARE HEREBY NOTIFIED the Department is imposing a Fifty Dollars ($50.00) administrative fine. The Department's authority and grounds to impose this sanction are explained below. 1. The Department of Children and Families is authorized by section 402.310, Florida Statutes, to sanction Watermelon Pre-School, LLC d/b/a Kids R Kids Florida 11 for violation of child care licensing standards in section 402.301 — 402.319, Florida Statutes, and chapter 65C-22, Florida Administrative Code. 2; Watermelon Pre-School, LLC is licensed under section 402, Florida Statutes, and chapter 65C-22, Florida Administrative Code, to operate a child care facility known as Kids R Kids Florida 11, located at 30100 Overpass Rad., Wesley Chapel, FL, 33545. The facility license is currently a regular, annual license, certificate CO6PA0183. a The licensing counselor conducted a routine inspection on April 14, 2015, and found the facility to be in violation of licensing standard #04-01, Ratio Sufficient. The licensing counselor observed 2 child care personnel supervising a group of 11 infants. The ratio for infants is 1 child care personnel to 4 children. The correct ratio should have been 3 child care personne! for the 11 infants in care. This was the first occurrence of this Class II violation within a two-year period. As such, a Notice of Administrative Warning was issued informing the facility that another violation of this same standard within a 2-year period would result in the imposition of an administrative fine. On April 7, 2017, a complaint inspection was conducted and the facility was found to be in violation of licensing standard #04-01, Ratio Sufficient. The licensing counselor observed 3 child care personnel supervising a group of 16 infants. The correct ratio should have been 4 child care personnel for the 16 infants in care. The licensing counselor also observed a second group of children in that there was 1 child care personnel supervising 7 children the age of one. The ratio for one year olds is 1 child care personnel to 6 children. The correct ratio for this group should have been 2 child care personnel for the 7 children in care. ( Zarclsve. The licensing counselor also observed a third group of children in that there were 2 child care personnel supervising 23 children. The group of children were 2 and 3 years of age. The majority age of this group were 2 years of age The ratio for 2 years old age is 1 child care personnel to 11 children. This was the second occurrence of this Class |! violation within a two-year period. 4 The acts and practices described above in paragraph 3 are violations of Section 402.305(4), Florida Statutes, which states in part: (4) STAFF-TO-CHILDREN RATIO.— (a) Minimum standards for the care of children in a licensed child care facility as established by rule of the department must include: 1. For children from birth through 1 year of age, there must be one child care personnel for every four children 2. For children 1 year of age or older, but under 2 years of age, there must be one child care personnel for every six children. 3. For children 2 years of age or older, but under 3 years of age, there must be one child care personnel for every 11 children 4. For children 3 years of age or older, but under 4 years of age, there must be one child care personnel for every 15 children. 5. For children 4 years of age or older, but under 5 years of age, there must be one child care personnel for every 20 children. 6. For children 5 years of age or older, there must be one child care personnel for every 25 children. 7. When children 2 years of age and older are in care, the staff-to- children ratio shall be based on the age group with the largest number of children within the group. In addition, Rule 65C-22.001(4), Florida Administrative Code, provides as follows: (4) Ratios. (a) The staff-to-child ratio, as established in Section 402.305(4), F.S., is based on primary responsibility for the direct supervision of children, and applies at all times while children are in care. (b) Mixed Age Groups. 1. In groups of mixed age ranges, where children under one year of age are included, one staff member shall be responsible for no more than four children of any age group, at all times. 5 The violations described above in paragraph 3 are Class Il violations of Child Care Licensing Standard #04-01, Ratio Sufficient. It is the Ww facility's second Class Il violation of the same licensing standard within a two- year period. The fine imposed for this violation is Fifty Dollars (£50.00). If you do not wish to contest the findings of this administrative complaint, payment of the fine amount may be made directly to the Florida Department of Children and Families, Child Care Regulation (Attention: Mary Beth Wehnes), 9393 N. Florida Ave., Suite 500, Tampa, FL 33612 RIGHT TO ADMINISTRATIVE PROCEEDING IF YOU BELIEVE THE PROPOSED ACTION DESCRIBED IN THIS ADMINISTRATIVE COMPLAINT IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING IN ACCORDANCE WITH THE ENCLOSED “NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES” CERTIFICATE OF SERVICE {| HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by certified mail return receipt to Bimal Bhojani as owner and corporate representative for Watermelon Pre-School, LLC d/b/a Kids R Kids Florida 11, 30100 Overpass Rd., Wesley Chapel, FL 33545, this 2 day of Sunt 2017. Tray tad, Ase) Mary Beth Wehnes, CPM Regional Safety Program Manager CC: Alicia Gonzalez, DCF Legal Counsel Salina Smith, Family Services Counselor Enclosure NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES NOTIFICATION OF RIGHTS UNDER CHAPTER 120, FLORIDA STATUTES IF YOU BELIEVE THE DEPARTMENT'S DECISION IS IN ERROR, YOU MAY REQUEST AN ADMINISTRATIVE HEARING UNDER SECTIONS 120.568 AND 120.57, FLORIDA STATUTES, TO CONTEST THE DECISION. YOUR REQUEST FOR AN ADMINISTRATIVE HEARING MUST BE RECEIVED BY THE DEPARTMENT BY 5:00, P.M., NO LATER THAN 21 CALENDAR DAYS AFTER YOU RECEIVED THE DEPARTMENT'S ADMINISTRATIVE COMPLAINT. You must submit your request for an administrative hearing to the Department at the following addresses: Department of Children and Families Legal Counsel (Attention: Shane DeBoard) 9393 N. Florida Ave. Suite 900 Tampa, FL 33612 Department of Children and Families Agency Clerk (Attention: Lisa Eilertson) Office of General Counsel 1317 Winewood Blvd Building 2, Room 204 Tallahassee, FL 32399 IF YOUR REQUEST FOR AN ADMINISTRATIVE HEARING IS NOT RECEIVED BY THE DEPARTMENT BY THE ABOVE DEADLINE, YOU WILL HAVE WAIVED YOUR RIGHTS TO A HEARING AND THE DEPARTMENT'S PROPOSED ACTION WILL BE FINAL. ANY DENIAL, SUSPENSION, REVOCATION OR OTHER ACTION CONCERNING YOUR LICENSE OR REGISTRATION WILL BE EFFECTIVE ON THAT DATE OR ON ANY LATER EFFECTIVE DATE STATED IN THE ADMINISTRATIVE COMPLAINT, AND | ANY PENALTY OR FINE IMPOSED MUST BE PAID WITHIN 30 DAYS THEREAFTER OR ANY EARLIER TIME PROVIDED IN THE ADMINISTRATIVE COMPLAINT. If you disagree with the facts stated in the Department's administrative complaint, you may request a formal administrative hearing under section 120.57(1), Florida Statutes. At a formal hearing, you may present evidence and arguments on all issues involved, and question the witnesses called by the Department. You have the right to be represented by counsel or other qualified representative. If you do not disagree with the facts stated in the Department's administrative complaint, you may request an informal administrative hearing under section 120.57(2), Florida Statutes. At an informal hearing, you may present your argument or a written statement for consideration by the Department. You have the right to be represented by counsel or other qualified representative Your request for an administrative hearing must meet the requirements of Rule 28-106.2015(5), Florida Administrative Code, must be prepared legibly on 8% by 11 inch white paper, and include all of the following items (a) Your name, address, email address (if any) and telephone number. (b) The name, address, email address (if any) and telephone number of your attorney or qualified representative, if any. (c) A statement requesting an administrative hearing. (d) A statement of all facts in the administrative complaint with which you disagree. If you do not disagree with any of the facts stated in the administrative complaint, you must say so. (e) A statement of when and how you received the administrative complaint. (f) A statement identifying the file number of the administrative complaint, if shown on _ the administrative complaint. Section 120.569, Florida Statutes, and rule 28-106.201(4), Florida Administrative Code, require the Department to dismiss your request for hearing if it is not in substantial compliance with the requirements above. Mediation as described in section 120.573, Florida Statutes, is not available. However, other forms of mediation or informal dispute resolution may be available after a timely request for an administrative hearing has been received, if agreed to by all parties, and on such terms as agreed to by all parties. The right to an administrative proceeding is not affected when mediation or informal dispute resolution does not result in a settlement. n ¥ t OM ARDS MYPDPAMIELES Cost Rick Scct* State of Florida Governor Department of Children and Families : Mike Carroll Secretary SunCoast Region Lega! Office July 26 2017 Lisa Mayrose Oirector TO Lisa Eilertsen, Agency Clerk Department of Children and Families Office of the General Counsel 1317 Winewood Blvd , Building Two Tallahassee, Florida 32399-0700 FROM: Alicia Gonzalez 6st. SunCoast Region Counsel SUBJECT: Request for Administrative Hearing Kids R’ Kids (Watermelon) The Department of Children and Families SunCoast Region issued an Administrative Complaint issued June 27, 2017 for fines in the amount of $50.00. (Enclosure 1) Kids R’ Kids (Watermelon) has requested a hearing by a Request for Administrative Appeal and Response to the Administrative Complaint Filed by the Florida Department of Children and Families signed July 5, 2017. (Enclosure 2) AVG/sIr Enclosure(s) SunCoast Region. 9393 North Florida Avenue, Tampa, Florida 33612-7907 Mission Work in Partnership with Local Communities to Protect th Economically Self- e Vulnerable, Promote Strong and Sufficient Families and Advance Personal and Family Recovery and Resiliency Regional Managing

Docket for Case No: 17-004364

Orders for Case No: 17-004364